Minnesota (MN) — Expungement & Record Clearing

Remedy

Automatic expungement (Minn. Stat. § 609A.015, subd. 1; mistaken identity § 609A.017); petition for expungement (§ 609A.02, subd. 3(a)(1); § 609A.03); destruction of identification data on demand (§ 299C.11, subd. 1(b))

Waiting period

No single period — see the conditions below

If a person was arrested and all charges were dismissed after a case was filed, or all proceedings were resolved in the person's favor (for example, an acquittal), the BCA grants expungement automatically, without a petition. A dismissal based on incompetency to proceed and a verdict of not guilty by reason of mental illness do not qualify. A petition is also available; for these favorable-outcome cases the court must grant it unless the agency proves by clear and convincing evidence that public safety outweighs sealing, and the filing fee must be waived. If charges were never filed (or were dismissed before a probable-cause determination) and the person has no felony or gross misdemeanor conviction in the prior 10 years, no petition is required and the BCA or agency must destroy identification data on demand.

• ✗Dismissal based on a finding that the defendant was incompetent to proceed
• ✗Verdict of not guilty by reason of mental illness is not a resolution in the person's favor
• ✗Automatic orders do not reach records held by the commissioners of children, youth, and families; health; and human services (a petition is needed for those)

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a); § 609A.015, subd. 1(a)(1); § 609A.015, subd. 1(a)(3); § 609A.015, subd. 1(b); +2 more); Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 3(a)(1)); Minn. Stat. § 609A.03 (Petition to expunge criminal records) (§ 609A.03, subd. 5(b); § 609A.03, subd. 1); Minn. Stat. § 299C.11 (Identification data) (§ 299C.11, subd. 1(b); § 299C.11, subd. 1(b)(1)-(2)); Minn. Stat. § 609A.017 (Mistaken identity; automatic expungement) (§ 609A.017, subd. 3(a))

Remedy

Automatic expungement (Clean Slate Act, Minn. Stat. § 609A.015, subds. 2–3); petition for expungement (§ 609A.02, subd. 3(a)(2)–(4); § 609A.03)

Waiting period

2 years after discharge of the sentence for a misdemeanor or petty misdemeanor (3 years for a gross misdemeanor); 1 year after completing a diversion program or stay of adjudication

Most petty misdemeanor and misdemeanor convictions are automatically expunged by the BCA if the person has no new Minnesota conviction (other than a petty misdemeanor) for 2 years after discharge of the sentence and no pending charge at the end of that period; gross misdemeanors follow the same rule with a 3-year wait. Traffic and parking petty misdemeanors and a list of offenses (such as 4th-degree DWI, domestic assault, 5th-degree assault, order-for-protection, harassment-restraining-order and no-contact-order violations) are excluded from automatic relief. Any misdemeanor (2 years) or gross misdemeanor (3 years) conviction may instead be the subject of a court petition, which the judge decides by weighing the benefit to the person against public-safety concerns. A completed non-felony diversion or stay of adjudication is automatically expunged after 1 year with no new charge.

• ✗Excluded from automatic relief: traffic/parking petty misdemeanors
• ✗Excluded from automatic relief (misdemeanor): 4th-degree DWI, order-for-protection violation, 5th-degree assault, domestic assault, interference with privacy, harassment restraining order violation, interference with emergency call, obscene/harassing calls, indecent exposure, domestic abuse no-contact order violation
• ✗Excluded from automatic relief (gross misdemeanor): includes 2nd- and 3rd-degree DWI, criminal vehicular operation, 4th- and 5th-degree assault, domestic assault, 5th-degree criminal sexual conduct, stalking, 4th-degree burglary and others
• ✗A new conviction (other than a petty misdemeanor) during the waiting period, or a pending charge at its end, blocks automatic relief

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(a)(1)-(2); § 609A.015, subd. 3(a)(3); § 609A.015, subd. 3(b)(1); § 609A.015, subd. 3(b)(2)(i)-(iv); +7 more); Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 3(a)(2); § 609A.02, subd. 3(a)(3); § 609A.02, subd. 3(a)(4)); Minn. Stat. § 609A.03 (Petition to expunge criminal records) (§ 609A.03, subd. 5(a))

Remedy

Petition for expungement of listed felonies (Minn. Stat. § 609A.02, subd. 3(a)(6)–(8), (b)); automatic expungement of most listed felonies (§ 609A.015, subd. 3(b)(4)); pardon with automatic sealing (§ 609A.035; § 638.12)

Waiting period

Petition: 4 years after discharge of the sentence (listed felonies). Automatic: 5 years after discharge (4 years for felony § 152.025 5th-degree controlled substance)

Only felonies listed in § 609A.02, subd. 3(b) — mostly lower-level drug-possession, theft, property, fraud, forgery and regulatory offenses (for example, 5th-degree controlled substance, theft sentenced at $5,000 or less, 3rd-degree burglary) — can be expunged by court petition, after 4 years with no new conviction since discharge of the sentence. Most of those listed felonies are also expunged automatically by the BCA 5 years after discharge (4 years for felony 5th-degree controlled substance), except five carve-outs that still require a petition. Felonies not on the list have no petition route under § 609A.02, subd. 3; a pardon (application generally allowed 5 years after the sentence expires or is discharged) leads to a court order sealing the records without a petition. Offenses requiring predatory offender registration may not be expunged.

• ✗Felonies not listed in § 609A.02, subd. 3(b) cannot be expunged by petition under that subdivision (pardon route instead)
• ✗Convictions for offenses requiring predatory offender registration (§ 243.166) may not be expunged
• ✗Excluded from automatic relief (petition still possible): 3rd- and 4th-degree controlled substance possession, escape from civil commitment, 3rd-degree burglary (other than trespass), repeat/minor-victim interference with privacy
• ✗Felonies deemed gross misdemeanors or misdemeanors under § 609.13, subd. 1 remain ineligible for automatic relief

Sources: Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 3(a)(8); § 609A.02, subd. 3(a)(6); § 609A.02, subd. 3(b)(4); § 609A.02, subd. 3(b)(20); +2 more); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(4)(i)-(ii); § 609A.015, subd. 3(b)(4)(iii)-(v); § 609A.015, subd. 3(c)(4)-(5); § 609A.015, subd. 3(d)); Minn. Stat. § 609A.035 (Pardon extraordinary; no petition required) (§ 609A.035(b)); Minn. Stat. § 638.12 (Types of clemency; eligibility) (§ 638.12, subd. 2(a)); Minn. Stat. § 609A.03 (Petition to expunge criminal records) (§ 609A.03, subd. 5(a); § 609A.03, subd. 5a)

Remedy

Petition for expungement (Minn. Stat. § 609A.02, subd. 3(a)(3)–(4); § 609A.03); not eligible for automatic expungement (§ 609A.015, subd. 3(b))

Waiting period

Petition only: 2 years after discharge of the sentence (misdemeanor DWI) or 3 years (gross misdemeanor DWI)

Misdemeanor 4th-degree DWI and gross-misdemeanor 2nd- and 3rd-degree DWI are expressly excluded from automatic (Clean Slate) expungement, as are gross-misdemeanor criminal vehicular operation and reckless driving causing great bodily harm or death. Because the petition statute covers misdemeanor and gross misdemeanor convictions generally, a person may petition the court after 2 years (misdemeanor) or 3 years (gross misdemeanor) with no new conviction since discharge; the judge decides. DWI does not appear on the list of felonies eligible for petition. Even if expunged, the record may be pleaded in a later prosecution and used for sentencing.

• ✗Excluded from automatic relief: 4th-degree DWI (misdemeanor), 2nd- and 3rd-degree DWI (gross misdemeanor)
• ✗Excluded from automatic relief: gross-misdemeanor criminal vehicular operation and reckless driving resulting in great bodily harm or death
• ✗Felony DWI is not among the felonies listed as eligible for petition
• ✗Expunged records may still be used by prosecutors and courts in later prosecutions and sentencing

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(2)(i)-(iv); § 609A.015, subd. 3(b)(3)(i)-(iii); § 609A.015, subd. 3(b)(3)(v)-(x); § 609A.015, subd. 5(i)); Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 3(a)(3); § 609A.02, subd. 3(a)(4); § 609A.02, subd. 3(a)(8)); Minn. Stat. § 609A.03 (Petition to expunge criminal records) (§ 609A.03, subd. 5(a); § 609A.03, subd. 7a(b)(1))

Remedy

Automatic expungement (Minn. Stat. § 609A.015, subds. 1(a)(2), 3); petition (§ 609A.02, subds. 1, 3(a)(6), 3(a)(8)); cannabis: automatic expungement (§ 609A.055) and Cannabis Expungement Board review (§ 609A.06)

Waiting period

Felony 5th-degree (§ 152.025): 4 years after discharge (automatic and petition); misdemeanor possession: 2 years after discharge; § 152.18 dismissal: no waiting period

A dismissal and discharge under the § 152.18 deferred-prosecution provision for 4th-degree, 5th-degree or small-amount possession is automatically expunged. A felony 5th-degree controlled substance conviction (§ 152.025) is automatically expunged 4 years after discharge if there is no new conviction, and can also be petitioned after 4 years; misdemeanor possession follows the 2-year misdemeanor rule. 3rd- and 4th-degree possession are excluded from automatic relief but can be petitioned after 4 years. Cannabis: non-felony cannabis convictions under § 152.027, subd. 3 or 4, and cannabis charges that were dismissed or resolved in the person's favor are automatically expunged under § 609A.055 (the BCA sealed these records in May 2024); felony cannabis convictions are reviewed by the Cannabis Expungement Board, which can order expungement, vacatur or resentencing.

• ✗3rd-degree (§ 152.023, subd. 2) and 4th-degree (§ 152.024, subd. 2) possession are excluded from automatic relief (petition after 4 years)
• ✗Cannabis Expungement Board relief is limited to offenses that did not involve a dangerous weapon, intentional infliction of bodily harm, or an act intended to cause fear of immediate bodily harm or death

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a)(2); § 609A.015, subd. 3(c)(4)-(5); § 609A.015, subd. 3(b)(4)(i)-(ii)); Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 1; § 609A.02, subd. 3(a)(6); § 609A.02, subd. 3(b)(4); § 609A.02, subd. 3(a)(8)); Minn. Stat. § 609A.055 (Automatic expungement of certain cannabis offenses) (§ 609A.055, subd. 1(a)(2); § 609A.055, subd. 3(a)); Minnesota BCA — Expungements (Clean Slate Act status page) (The Adult-Use Cannabis Act); Minn. Stat. § 609A.06 (Expungement and resentencing of felony cannabis offenses) (§ 609A.06, subd. 1(f)(3); § 609A.06, subd. 3(a)(2); § 609A.06, subd. 7(a))

Remedy

Juvenile expungement (Minn. Stat. § 260B.198, subd. 6); automatic expungement of delinquency records for dismissals and favorable outcomes (§ 609A.015, subd. 1); petition for persons certified and convicted as adults (§ 609A.02, subd. 2)

Waiting period

No single period — see the conditions below

The juvenile court may expunge all records relating to delinquency at any time if it finds the benefit to the person outweighs the detriment to the public and public safety and the burden of the order, considering factors such as age, the offense, and rehabilitation. Delinquency records in which all charges were dismissed after filing or the case was resolved in the person's favor qualify for automatic expungement under § 609A.015. Juvenile criminal history held by the BCA is private data. A person who was certified to adult court and convicted may petition after final discharge.

• ✗Juvenile records expunged on or after Jan. 1, 2015 may still be opened, used or exchanged between criminal justice agencies

Sources: Minn. Stat. § 260B.198 (Juvenile court dispositions; expungement) (§ 260B.198, subd. 6(a); § 260B.198, subd. 6(b)(1); § 260B.198, subd. 6(d)); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a); § 609A.015, subd. 1(a)(1)); Minnesota BCA Criminal History System — FAQ (What is considered public information?); Minn. Stat. § 609A.02 (Grounds for order) (§ 609A.02, subd. 2)